complaint·October 30, 2024

(continued from LIC9099) Based on review of FedEx shipping/delivery labels, LPA determined the HIPAA letter was sent to the facility from R1's legal representative's office on 8/8/24 and that it was delivered to the facility on Saturday, 8/10/24. LPA conducted interviews with one staff (S1), Licensee(L1) and Administrator(AD). AD, and L stated the request was received on 8/13/2024, they communicated with LR's office on 8/14/24 and the request was fulfilled on 8/16/2024. AD, L1 and S1 stated AD and L1 would have been the only staff to open the package sent from R1's legal representative. AD, L1 and S1 also stated, AD and L don't work in the facility over the weekends. LPA reviewed an email sent to R1's legal representative's office. The email was dated 8/16/2024 with a 55-page pdf attachment with the documents requested for R1. LPA determined the facility fulfilled R1's legal representative's request on 8/16/2024. Per Health and Safety Code 1569.269(a) "Residents of residential care facilities for the elderly shall have all of the following rights: (21) To have prompt access to review all of their records and to purchase photocopies. Photocopied records shall be promptly provided, not to exceed two business days, at a cost not to exceed the community standard for photocopies." Based on interviews conducted and records reviewed, the facility did not comply with the regulation stated above due to the facility exceeding two business days to fulfill the request. The preponderance of evidence standard has been met. The allegation is determined to be SUBSTANTIATED, meaning the complaint allegation is valid and that a violation has occurred. An exit interview was conducted, and this report was reviewed with facility staff. A copy of this LIC-9099, deficiency page and appeal rights were provided to the facility.